August 20, 2007
MONDAY, AUGUST 20, 2007
The regular meeting of the Bowling Green City Council, held in the Council Chamber, 304 North Church Street, Bowling Green, Ohio was called to order at 8:00 p.m. by Council President Newlove. The meeting began with the Pledge of Allegiance.
On roll call, Council Members Dunn, Heminger, McOmber, Newlove, Sorrells, and Zanfardino responded. Council Member Frost was not present. Also present were Mayor John Quinn, Municipal Administrator John Fawcett, Parks and Recreation Director Michelle Grigore, Public Works Director Brian Craft, and Planning Director Rick Ketzenbarger. City Attorney Michael Marsh and Utilities Director Kevin Maynard were not present.
Council President Newlove declared the minutes of the meeting held August 6, 2007 approved as distributed.
CORRESPONDENCE
Clerk reported that received from the Ohio Division of Liquor Control was an application for a new Class D3A liquor permit for GJG of Northwest Ohio, LLC, dba Reverend Chicos, located at 130 E. Wooster Street, Bowling Green, Ohio. Clerk noted that a check of the records was received and no detrimental information was noted.
Clerk noted that a listing of budget transfers for the month of August was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval. Council Member Sorrells moved, Heminger seconded, to approve the transfers as presented. On unanimous voice vote, Council President Newlove declared motion carried. A copy of the transfers is attached and made a part of these minutes.
Clerk further noted that copies of the Budget Summary Report for the month of July, 2007 were distributed to Council prior to this evening’s meeting.
OFFICIAL REPORTS
Mayor John Quinn informed Council Members about the “Living History” event being held at Oak Grove Cemetery on Sunday, August 26, beginning at 2:00 p.m.
Mayor Quinn commented that the Teen Center project will be moving forward as they have successfully raised the needed funds in order to move into the next phase.
Mayor Quinn reported that he appointed Personnel Director Barbara Ford to the Records Commission for a term expiring May 31, 2009. Ford will replace Finance Director Rebecca Underwood who retired last month.
Mayor Quinn and Parks and Recreation Director Michelle Grigore accepted a check in the amount of $750.00 from Armon Borros of Alterra Sterling House. Mr. Borros explained that the funds were raised from a flower sale the residents held to benefit the Simpson Garden Park.
Municipal Administrator John Fawcett had no report.
Planning Director Rick Ketzenbarger had no report.
Parks and Recreation Director Michelle Grigore had no report.
City Attorney Michael Marsh was not present.
Utilities Director Kevin Maynard was not present.
Public Works Director Brian Craft reported to Council that problems brought on by the extreme amounts of rain Bowling Green has experienced in the last 48 hours have been minimal.
NEW LEGISLATION
The following new legislation was recommended by the Administration and presented to Council for introduction:
Council Member Newlove, for the Finance Committee, introduced an ordinance providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007.
Council Member Newlove, for the Finance Committee, introduced a resolution adopting the City of Bowling Green Financial and Debt Policy.
COUNCIL COMMITTEE REPORTS
There were no Council committee reports.
LOBBY VISITATIONS
Earlene Kilpatrick, Main Street BG, addressed Council regarding the proposed Ordinance #7693 which would regulate secondhand dealers. Ms. Kilpatrick noted that she contacted some of the merchants that this legislation would affect and heard comments indicating that they thought it would be a burdensome reporting process and that there would be privacy information concerns. It was suggested that the police share information on stolen items to the merchants so they could cooperate with the police if they came across those items in the course of doing business.
READING OF LEGISLATION
Clerk read Resolution #3346 adopting the City of Bowling Green Financial and Debt Policy, for first reading.
Clerk read Ordinance #7703 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007, for first reading.
Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Ordinance #7703 its second and third reading. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7703 for second and third reading by number and title only.
Council Member Newlove moved, Dunn seconded, to adopt Ordinance #7703. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Heminger voted yes. Council President Newlove declared motion carried, and Ordinance #7703 adopted.
Clerk read Resolution #3344 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application(s) with the Ohio Department of Transportation for grants through the U.S. Department of Transportation Federal Transit Administration (FTA), as authorized under Federal Transit Laws, as Codified, 49 USC, Section 5311, Financial Assistance for Other Than Urbanized Areas and Funds Available From the Ohio Public Transportation Grant Program and executing a contract for the FY 2008 Ohio Elderly and Disabled Transit Fare Assistance Program and executing a contract with the Ohio Department of Transportation upon grant application approval, for second reading.
Clerk read Resolution #3345 authorizing the Municipal Administrator and the Utilities Director to participate in the Ohio Department of Transportation Cooperative Purchasing Program for the purpose of purchasing machinery, materials, supplies, or other articles, for second reading.
Clerk read Ordinance #7700 adjusting the salary for the Water Supply Superintendent, and declaring an emergency, for second reading.
Council Member Newlove moved, McOmber seconded, to suspend the rules and give Ordinance #7700 its third reading. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7700 for third reading by number and title only.
Council Member Newlove moved, Dunn seconded, to adopt the emergency clause for Ordinance #7700. Council Member Dunn commented that he did not see a reason for enacting the emergency clause since the pay adjustment is retroactive to July 23 regardless of whether the emergency clause is used or not. Council Member Sorrells agreed with Dunn’s rationale. On roll call vote, Council Members Sorrells, Dunn, McOmber, and Newlove voted no. Council Member Zanfardino and Heminger voted yes. Council President Newlove declared motion defeated, and the emergency clause was not adopted.
Council Member Newlove moved, Dunn seconded, to adopt Ordinance #7700. On roll call vote, Council Members Zanfardino, Dunn, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and Ordinance #7700 adopted.
Clerk read Ordinance #7701 authorizing the Utilities Director to execute an agreement with Nelson Tree Service, Inc., for line clearance, tree pruning and removal services, for second reading.
Clerk read Ordinance #7702 amending and adopting Sections 150.03 and 150.30.1 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning B-4 Office District zoning, for second reading.
Clerk read Resolution #3343 authorizing the Mayor of the City of Bowling Green, Ohio, to enter into a coordination agreement between the City of Bowling Green and the Ohio Historic Preservation Office for the administration of CDBG and HOME funded activities, for third reading.
Council Member Zanfardino moved, McOmber seconded, to adopt Resolution #3343. On roll call vote, Council Members Dunn, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and Resolution #3343 adopted.
Clerk read Ordinance #7697 authorizing the Utilities Director to execute an agreement between Bowling Green State University and the City of Bowling Green for the installation and maintenance of certain composite communications cable, for third reading.
Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7697. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and Ordinance #7697 adopted.
Clerk read Ordinance #7698 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the Poe Road and Lafayette Boulevard sewer improvements, for third reading.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7698. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Heminger voted yes. Council President Newlove declared motion carried, and Ordinance #7698 adopted.
Clerk read Ordinance #7699 authorizing the Utilities Director to increase the City’s subscription level under the AMP-Ohio Hydro Developmental Subscription and Cost Sharing Agreement from 11,200 kilowatts to 20,000 kilowatts, for third reading.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7699. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Ordinance #7699 adopted.
Council Member Heminger commented that a public hearing was held earlier this evening regarding Ordinance #7690 establishing interim zoning for the Conrad property recently annexed to the City of Bowling Green, and no opposition was heard. Heminger moved, McOmber seconded, to adopt Ordinance #7690. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7690 adopted.
Council Member Heminger moved, Zanfardino seconded, to adopt Ordinance #7691 approving the S-District Site Plan for the Chauncey Pointe Senior Community by granting a waiver for the extension of Fourth Street, granting a waiver for the fence requirement around the retention pond area, and denying the waiver for a screening type fence on the south side of the property. Council Member Dunn expressed concerns about safety issues involved in approving a senior citizen housing project on a dead end street. Fire Chief Steve Meredith indicated that the Fire Division reviewed the site plan and found it to meet the City’s requirements allowing the largest fire equipment to operate and adequate water flow. Dunn indicated that he respectfully disagreed with the chief. Council Member McOmber noted that he had reservations regarding the waiver for the extension of Fourth Street and asked the Administration for their opinion. Municipal Administrator John Fawcett commented that in totality, the project as developed is beneficial to the community and outweighs the completion of Fourth Street at this time. Fawcett noted that the Master Plan calls for Fourth Street being extended in twenty years. Council Members discussed requiring the developer to construct a six foot fence rather than a four foot fence as required by the City’s Code. Council Member Heminger amended his motion to require a six foot screening type fence on the south side of the property. Council Member Zanfardino seconded the motion. On roll call vote, Council Members Zanfardino, Heminger, McOmber, Newlove, and Sorrells voted yes. Council Member Dunn voted no. Council President Newlove declared motion carried. and Ordinance #7691 adopted.
Council Member Zanfardino moved, Dunn seconded, to table Ordinance #7693 creating and adopting Chapter 120 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding secondhand dealers indefinitely pending the receipt of further information. On roll call vote, Council Members Dunn, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and Ordinance #7693 tabled indefinitely.
Council Member Heminger moved, McOmber seconded, to excuse Council Member Frost from this evening’s meeting. On unanimous voice vote, Council President Newlove declared motion carried.
Council Member Sorrells moved, Dunn seconded, to adjourn. On unanimous voice vote, Council President Newlove adjourned the August 20, 2007 regular meeting of the City Council at 9:00 p.m., subject to call.

